As the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill approaches its ‘Third Reading,’ it is likely to become law in the near future. This bill, supported unanimously across the political spectrum, aims to extend the timeframe for raising a “Personal Grievance” related to sexual harassment from 90 days to 12 months. The implications of this legislative change are significant, both for employers and employees. In this article, we’ll delve into what the bill entails and its potential effects.

Understanding the Bill:

A “Personal Grievance” encompasses various complaints that an employee can lodge against their current or former employer. It includes unjustifiable dismissal, unfair employment disadvantages, discrimination, sexual or racial harassment, bullying, or duress due to union membership.

Under the existing Employment Relations Act 2000, employees have 90 days from the occurrence of a grievance to file a complaint with their employer. After this, exceptions to initiate a Personal Grievance claim are limited.

The Need for Change:

The primary motivation behind extending the time limit for raising a Personal Grievance concerning sexual harassment is the sensitive and intricate nature of such issues. Sexual harassment can be challenging to discuss, particularly in a workplace environment. It often takes time for the affected individual to come to terms with the experience and decide on a course of action.

Timeline for Implementation:

The bill, initially introduced as a Members Bill by Dr. Deborah Russell, is likely to progress to its Third Reading during an upcoming ‘Members Day’ in Parliament, probably in May 2023. Given its broad bipartisan support and its passage through the Select Committee without substantial amendments, it is expected to be a formality.

Once the bill clears the Third Reading, it will proceed to the Governor General for the ‘Royal Assent,’ which typically occurs within seven days. Following this, the bill will officially become law.

Not Retroactive:

One key point of concern raised during the Select Committee discussions was whether the bill would apply retroactively. The Select Committee recommended a specific clause to ensure that the extension of the time limit only applies to incidents of personal grievance that occurred on or after the bill’s commencement date. In essence, the bill will not have retrospective effect.

Implications for Employers:

• Review Internal Policies: Employers are encouraged to conduct a comprehensive review of their internal behavioral and disciplinary policies. Employers can be held accountable for their employees’ conduct, including actions involving clients.
• Update Employment Agreements: Employers must update employment agreements to reflect the new 12-month time frame. This requirement applies to all individual and collective agreements entered on or after the bill becomes law.
• Empower Employees: Employers should ensure that employees are equipped to address behavioral issues before they escalate into a personal grievance claim. Proactive measures are vital to address and mitigate risks effectively.

Implications for Employees:

It is essential for employees to be aware of their rights in the workplace. This bill acknowledges the difficulties faced by individuals affected by sexual harassment. The extended timeframe provides employees with more time to explore their options and come to terms with their experiences.

While the Employment Relations Amendment Bill may seem minor compared to high-profile legislative changes, it has significant implications for both employers and employees. Staying informed about evolving laws is vital, and at Corelegal, our dedicated legal team continuously monitors legislative updates and court rulings. We ensure that you can focus on your primary role, whether that’s running a business or being an exemplary employee.